(CLD). 220.J
2
'"driving licence” means a licence issued in accordance with regulations made under section 5 of the Road Traffic Ordinance:":
*"owner" includes the person in whose name a vehicle is registered under the Road Traffic Ordinance and the person by whom the vehicle is kept and used and, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement;".
Section 10 of the principal Ordinance is repealed and replacement replaced by the following-
Repeal and
of section
10.
3.
**Obligation
to give information relating to the driving of vehicles, (Op. 220)
10. (1) Without 'prejudice to section 29 of the Road Traffic Ordinance, where the driver of a vehicle is suspected of having committed an offence against this Ordinance or the Road Traffic Ordinance in the tunnel, any person (including both the registered owner of the vehicle and the person suspected of being the driver of the vehicle at the time of the alleged offence) shall, on demand made within three months after the date of the alleged offence, give to a police officer or an authorized officer in the manner prescribed in this section the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and bis relationship (if any) to the driver.
(2) A demand under subsection (1) may be made orally or by means of a notice served personally or by post on the person on whom it is made.
(3) Where a demand under subsection (1) is
made orally to any person he shall-
(a) if he was the driver of the vehicle at the
time of the alleged offence-
(i) give immediately his name and address; and
(ii) give the number of his driving licence to a specified police officer or specified authorized officer within twenty-one days after the date of the demand; and
(b) if he was not the driver of the vehicle at the time of the alleged offence, give the informa-
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tion required under subsection (1) to a specified police officer or specified authorized officer either orally or in writing within twenty-one days after the date of the demand.
(4) A notice under subsection (2) shall require the person to whom it is addressed-
(a) to furnish, within twenty-one days after the date of the notice, to a police officer or authorized officer specified therein, a written statement, in such form as may be specified in the notice, giving the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver; and
(b) to sign the said statement.
(5) Subject to subsection (6), any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of two thousand dollars and to imprisonment for six months.
(6) In proceedings for an offence under sub- section (5), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address or driving licence number of the person driving the vehicle at the time of the alleged offence.
(7) The powers conferred on an authorized officer by this section, other than the power to make a demand by serving a notice under subsection (2), may be exercised only within the tunnel.".
The principal Ordinance is amended by adding, after Addition section 10, the following new section-
"Proof in JUMTUMIA MY proceedings
of identity of driver.
10A. If, in any summary proceedings for an offence under this Ordinance, there is produced to the court a statement which-
(0) purports to have been signed by the
accused person;
(b) was furnished in accordance with a notice
served on bim under section 10(2); and
of new section 10A.